Buy online, fail NICS - Page 2

Buy online, fail NICS

This is a discussion on Buy online, fail NICS within the FFL Dealer Discussion forums, part of the Related Topics category; My paranoia here has more to do with something like identify theft (which I've already been a victim of once) or something messed up in ...

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  1. #16
    Member Array blanco64's Avatar
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    My paranoia here has more to do with something like identify theft (which I've already been a victim of once) or something messed up in the system. I guess in that case you'd be able to fight it and MAYBE eventually prevail, but who knows. And it could end up costing you more than the item you purchased.
    006.9V2.1 likes this.


  2. #17
    Distinguished Member Array Diddle's Avatar
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    Quote Originally Posted by Eagleks View Post
    unless I don't remember Kentucky correctly, I believe Kentucky does a background check on you when you get a CCL ..... which is in essence a NICS check. If you passed that, there's no reason to assume you wouldn't pass the NICS check.
    Correct. Page two of the 4473 has an area and check-box indicating that a NICS check was not necessary becaues the buyer holds a valid Conceiled Carry Permit. [Page 2 Item 23]
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  3. #18
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    passed before but failed

    I passed the check before and bought over 10 guns. I just bought two online and had them shipped to local dealer and failed the check. I appealled the decision but they denied the appeal but still dont have any information on what it was except mental health occurence. I have no info on this occurrence and suspect it occurred when i was really young around 10 maybe but my dad is dead so i have no way of finding out the information and I cant remember stuff that happened 20 years ago. Now my guns are in limbo and the dealer says I can only take what they are offering for the guns and not put them on an online site for sale. they are offering me $1000 dollars less than what i paid and they are worth and $20.00 off that price for every day they have them. It is going to take a while to straighten out my situation but what can I do with the guns in the meantime? they are also charging me $10 dollars a day storage.

  4. #19
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    Quote Originally Posted by blanco64 View Post
    Searched around but didn't see anything on this.

    I'm looking at buying a rifle from Cheaper Than Dirt. Their FAQ section specifically states that guns cannot be returned, even if you fail the NICS and can't take possession from your FFL.

    What are your options at that point?

    I have no reason to believe I'd fail, but who knows with all the crazy stuff going on.
    Solution: Don't buy from Cheaper Than Dirt. Buy from a legitimate source who actually stocks the guns they sell on-line. Read the terms and condition of sale. If you have additional questions, contact the seller. Legitimate FFL dealers have phones with real people who understand that you may have concerns about making large purchases via the internet. A reputable dealer should explain to you that buying a gun on-line involves some responsibility on your part. If you have any reason to believe that you cannot legally possess a firearm, buying on-line will not change that situation. Most reputable FFL dealers who sell on-line WILL accept returns with some stipulations. An FFL dealer who transfers a firearm to your local FFL usually makes no money for shipping so if you receive an NICS denial, return shipping is usually on your nickel. You may also be responsible for transfer fees since those arrangements are usually made between you, the on-line buyer and a local FFL of your choice who is willing to accept the transfer. Further, most dealers are in business for profit so it is reasonable to expect to pay a restocking charge of between 10-20% should you return the firearm for any reason.
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  5. #20
    VIP Member Array StormRhydr's Avatar
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    A bit off topic, but can a buyer from one state, go to a STORE in another state, and legally purchase firearms? Ie Im in TN, but there are gander mountain stores in KY, closer to me than the TN stores. So could I cross State lines & buy in KY at the stores there?

  6. #21
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    Quote Originally Posted by StormRhydr View Post
    A bit off topic, but can a buyer from one state, go to a STORE in another state, and legally purchase firearms? Ie Im in TN, but there are gander mountain stores in KY, closer to me than the TN stores. So could I cross State lines & buy in KY at the stores there?
    If you're talking about a handgun the answer is no, it'll still have to be shipped to a gun shop in your state. I thought there was some exception for long guns in states that border your own but I don't remember the details.

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  7. #22
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    I buy online all the time. Auction arms is a great place to pick up stuff if you wait for the right deal. I've purchased from Bud's several times. First when I lived in Oklahoma. Now I'm in Kentucky but have ordered online and had it shipped just to save the drive. In this day and age when you drive an H3 the transfer fee is less than a quarter the cost of gas.

    If you have your CCDW you don't have to worry about the stupid call. I've never been delayed or told no, but thanks to a common name it always goes to the second level, even though I give my SSN. It just means an extra couple of minutes, no big deal. But that little piece of plastic eliminates even that.

    All of that said, if you were to be denied there's plenty of options. All of them will cost you a few bucks probably. You could easily sell the gun and have the dealer ship it on out... or transfer to someone else. But it is unlikely he'd do it for free, but much cheaper than buying a gun that just sits unused. Maybe you'll get lucky and the dealer will think you got a good deal and just buy it for himself.
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  8. #23
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    Quote Originally Posted by SIGP250 View Post
    I see no risk what so ever. More that 20% of ALL retail transactions will be done via on-line sales this year. Up about 3% from last year. You probably take more risk driving your car to a local gun shop. What is important is to make sure you are dealing with a legitimate on-line retailer. This means 1) a secure encrypted PCI compliant website. This information is mandatory for any website that accepts credit cards.

    All websites that accept Visa or Mastercard will use a third party merchant services provider and a bank processor that will insist on published Terms and Conditions, a Privacy Statement, and written shipping and returns policy. The websites must also be SSL secured (encrypted data socket) Look for this when you check out. It will be HTTP:// if it is secure and http:// if it is not. You will also see an SSL seal of the underwriter Verisign, Trustwave, Go Daddy, Network Solutions and a few others.
    I believe what you meant to say here was https:// if it is secure, and http:// if it is not.
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  9. #24
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    Quote Originally Posted by spry333 View Post
    I passed the check before and bought over 10 guns. I just bought two online and had them shipped to local dealer and failed the check. I appealled the decision but they denied the appeal but still dont have any information on what it was except mental health occurence. I have no info on this occurrence and suspect it occurred when i was really young around 10 maybe but my dad is dead so i have no way of finding out the information and I cant remember stuff that happened 20 years ago. Now my guns are in limbo and the dealer says I can only take what they are offering for the guns and not put them on an online site for sale. they are offering me $1000 dollars less than what i paid and they are worth and $20.00 off that price for every day they have them. It is going to take a while to straighten out my situation but what can I do with the guns in the meantime? they are also charging me $10 dollars a day storage.
    1) Welcome to the forum!

    2) Contact BATFE to find out the reason for the denial

    3) Contact an attorney to get this straightened out
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  10. #25
    Senior Member Array Hoplyte's Avatar
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    This makes me wonder if I do an even trade(gun for a gun), how do you approach that issue in regards to sales taxe and filing income tax next year?

  11. #26
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    Quote Originally Posted by Hoplyte View Post
    This makes me wonder if I do an even trade(gun for a gun), how do you approach that issue in regards to sales taxe and filing income tax next year?
    If you Trade or Buy a firearm from a private party, no State Sales Tax is collected. If you trade-in a firearm and purchase a used firearm at your local gun shop, the LGS will charge State Sales Tax based on the sale price of the firearm you purchase regardless of weather you trade in a firearm of equal value. Sales tax paid is not reported on State or Federal income tax returns. Should you purchase a firearm on-line, the retailer does not collect State Sales Tax unless you and the retailer are located in the same state. Many state constitutions are written such that sales tax is to be reported by the purchaser for any internet purchases not collected at the time of sale. However 95% of all on-line purchases are not reported. If and when any Federal law is enacted that requires an on-line retailer to begin collecting or reporting sales tax, the law will not apply to any retailer with less than 50 employees.
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  12. #27
    Senior Member Array Hoplyte's Avatar
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    Thank you for the information, SIGP250.

  13. #28
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    Quote Originally Posted by SIGP250 View Post
    If and when any Federal law is enacted that requires an on-line retailer to begin collecting or reporting sales tax, the law will not apply to any retailer with less than 50 employees.
    I believe it's currently being put before the house for review.

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  14. #29
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    Your either a convicted felon, woman beater, illegal alien, who was dishinorably discharged from the military- or your not.

    I buy online if:
    A) I'm looking for an odd ball gun.
    B) My local dealer can't locate what I want (hi-demand gun).
    C) The deal is so good my local guy couldn't compete if he wanted to.

    I still ship it to my local guy, who gets a free $25 for almost nothing but having a mailing address. I have a great relationship with my local guy and he appriciates any business I bring him.

    He can't always get the hi-dollar O/U shotgun I want, or the left handed bolt action rifle I want. But if it says Smith, Sig Sauer, or Springfield Armory on the slide he gets first shot at my business.

    All that said- Cheaper Than Dirt pissed all over every gun owner in the days following Sandy Hook and as a result, they will NEVER get a dime from me.

  15. #30
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    Quote Originally Posted by warbirds View Post
    Your either a convicted felon, woman beater, illegal alien, who was dishinorably discharged from the military- or your not.

    I buy online if:
    A) I'm looking for an odd ball gun.
    B) My local dealer can't locate what I want (hi-demand gun).
    C) The deal is so good my local guy couldn't compete if he wanted to.

    I still ship it to my local guy, who gets a free $25 for almost nothing but having a mailing address. I have a great relationship with my local guy and he appriciates any business I bring him.

    He can't always get the hi-dollar O/U shotgun I want, or the left handed bolt action rifle I want. But if it says Smith, Sig Sauer, or Springfield Armory on the slide he gets first shot at my business.

    All that said- Cheaper Than Dirt pissed all over every gun owner in the days following Sandy Hook and as a result, they will NEVER get a dime from me.
    No argument there. Cheaper than Dirt never stocked guns in the first place so they could not get any from distributors who were either deluged with back orders and or who sold to FFL Dealers on an allocation basis only. They are Cheap Hustlers who pulled a cover up trick.. never cheaper than dirt anyway. AVOID them.

    Dicks Sporting Goods, a brick and Mortar store who announced they would not sell AR's after Sandy Hook is another store I would never patronize ever again.

    Then there is The Freedom Group (AKA Cerberus Capitol Management), owners of DPMS, Bushmaster, Remington Arms, Marlin, Para USA, Barnes Bullets, H&R, Advanced Armament Corp, Parker Gun, Dakota Arms and other brand names, the largest firearms company ever to announce its intention to divest (sell) all interest in the Freedom Group. They had no business being in the firearms business in the first place. They wanted out because it looked bad to some of their large liberal investors, e.g. teachers union pension funds, etc.
    warbirds likes this.
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